CC&Rs, short for covenants, conditions and restrictions, are the recorded rules that govern how property in an HOA or planned community can be used and maintained. Often spelled CCRs or CC&R's, they are filed with the county, bind every current and future owner, and give the association authority to collect assessments and enforce the rules.
If you buy a home in an HOA, you agree to a set of rules before you ever get the keys. Those rules live in a document most buyers skim at closing and rediscover the first time they want to paint the front door, add a fence or rent out the house. That document is the CC&Rs.
This guide explains what CC&Rs are, what the term stands for, what they usually cover, how they are enforced and changed, and what to look for before you buy.
What Does CC&R Stand For?
CC&R stands for covenants, conditions and restrictions. Each word does a slightly different job:
• Covenants are promises owners make, such as maintaining their home or paying assessments.
• Conditions are requirements tied to owning the property, such as getting approval before certain changes.
• Restrictions are limits on use, such as rules on rentals, businesses, parking or pets.
The formal document is often called the declaration or declaration of covenants, conditions and restrictions. In condominiums it may be called the master deed or condominium declaration.
CC&Rs, CCRs or CC&R's: What the Term Means
You will see the term written several ways: CC&Rs, CCRs, CC&R's, CC and Rs or CCNRs. They all mean the same thing. According to the Legal Information Institute at Cornell Law School, CC&Rs are a set of rules governing the use of real estate in a community. Typical examples include rules on fences, garbage cans and whether residents can run businesses from home, along with the duty to pay association dues.
Where CC&Rs Come From and How They Are Recorded
CC&Rs are usually written by the developer before the first homes are sold and recorded with the county, typically at the county clerk or recorder's office. Cornell's Legal Information Institute notes that recorded CC&Rs run with the land, meaning they bind every future owner, and that failure to record them can make them unenforceable in many cases. The Texas State Law Library has a practical guide to finding recorded restrictions in Texas.
When the developer turns the community over to the owners, the HOA board becomes responsible for enforcing the CC&Rs alongside the bylaws and any rules the board adopts.
What's Inside a Declaration of CC&Rs
Every community's CC&Rs are different, but most declarations cover the same ground:
• Property use: residential use only, home business limits, leasing and short-term rental rules
• Architecture and appearance: exterior colors, fences, additions, roofing, landscaping and solar panels
• Maintenance responsibilities: what the owner maintains and what the association maintains
• Assessments: the owner's obligation to pay dues and special assessments, and what happens if they do not
• Common areas: who may use pools, clubhouses, parks and parking, and under what rules
• Insurance: what the association insures and what each owner must insure
• Enforcement: notices, hearings, fines and the association's remedies
• Amendment: how the CC&Rs themselves can be changed
Common CC&R Restrictions Homeowners Run Into
A few restrictions cause most of the questions boards and managers field:
• Architectural changes. Most CC&Rs require approval before exterior changes. Our guide to HOA architectural review explains how the process usually works.
• Rentals. Many CC&Rs limit leasing, set minimum lease terms or cap the number of rented homes. See our guide to HOA rental restrictions.
• Solar panels and other improvements. Some states limit how far associations can restrict solar. Our article on HOA rules for solar panels covers the details.
• Parking, vehicles and storage. Rules on boats, RVs, commercial vehicles and street parking are common.
• Pets, noise and nuisance. Most declarations include general nuisance language plus specific limits. Our list of the most disliked HOA rules shows which ones generate the most friction.
CC&Rs vs. Bylaws vs. Rules and Regulations
HOAs operate under a hierarchy of governing documents. Recorded CC&Rs generally sit at the top, with bylaws and board-adopted rules below them.
For more detail, see our guides to HOA bylaws and HOA rules and regulations.
CC&Rs vs. Deed Restrictions
The two overlap but are not identical. A deed restriction, often called a restrictive covenant, is a limit on how a specific property can be used, written into a deed or a recorded document. CC&Rs are a community-wide set of covenants, conditions and restrictions that apply to every lot in a development and are usually enforced by an HOA. In everyday use, people sometimes say "deed restrictions" when they mean CC&Rs, so check which document someone is actually referring to.
How CC&Rs Are Enforced
The association enforces the CC&Rs, usually through the board and, where there is one, the community manager. Enforcement typically follows the steps the governing documents and state law require: a notice, an opportunity to fix the problem or be heard, and then fines or other remedies. For unpaid assessments, associations can often place a lien on the property, depending on state law. Our HOA violations and enforcement guide walks through the full process.
Courts do not enforce every covenant. As Cornell's Legal Information Institute notes, courts may refuse to enforce restrictive covenants that infringe on civil liberties. In Shelley v. Kraemer (1948), the U.S. Supreme Court held that courts could not enforce racially restrictive covenants. Enforcement can also fail when an association applies rules inconsistently, so boards benefit from documenting every case the same way.
Can an HOA Change CC&Rs?
Yes, but the board usually cannot do it alone. Because CC&Rs are recorded against every property, changing them typically requires:
• A proposed amendment, usually drafted or reviewed by the association's attorney
• Notice to all owners
• An owner vote at the percentage the declaration or state law requires
• Recording the approved amendment with the county
Because amending CC&Rs is formal and costly, boards often address everyday issues through rules instead, where the CC&Rs give them that authority. Our guide to HOA board responsibilities covers the board's duties in the process.
CC&Rs in Real Estate: What Buyers Should Check
For buyers, CC&Rs are part of what you are purchasing. The National Association of Realtors has covered why buyers should understand HOA covenants before closing. Before you commit, look for:
• Rental and short-term rental limits, if you might ever lease the home
• Architectural rules that affect plans for additions, fences, solar or landscaping
• Pet, vehicle and parking restrictions that affect daily life
• Maintenance responsibilities and what the association covers
• Assessment obligations and any history of special assessments
• Pending amendments or disputes
Your purchase documents, title company or the association can provide a copy. Rules vary by state, so talk with a licensed real estate attorney in your state before you rely on your reading of the covenants.
How to Find Your Community's CC&Rs
• Check your closing or resale disclosure package
• Ask the HOA board or community manager
• Look on your association's website or owner portal
• Search the county recorder or clerk's records for the declaration and any amendments
If you are new to how associations are run, our guide to community association management explains the roles of the board and the manager.
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Frequently Asked Questions
What are CC&Rs?
CC&Rs are covenants, conditions and restrictions: the recorded rules that govern property in an HOA or planned community. They cover how homes can be used, altered and maintained, require owners to pay assessments, and give the association power to enforce the rules. They are usually recorded with the county and apply to every owner.
Are CC&Rs legally binding?
Yes, in most cases. Properly recorded CC&Rs run with the land, so they bind the current owner and every future buyer, whether or not the buyer read them. Courts can still refuse to enforce provisions that violate the law, such as discriminatory covenants, or rules applied unreasonably or inconsistently by the association.
Can CC&Rs be changed?
Yes, but not by the board alone. Amending CC&Rs usually requires a vote of the owners at the percentage set in the declaration or state law, followed by recording the amendment with the county. Because the process is formal and expensive, many boards adopt or update rules instead where the governing documents allow it.
What is the difference between CC&Rs, CCRs and CC&R's?
There is no difference. CC&Rs, CCRs, CC&R's and CC and Rs are different spellings of the same term, covenants, conditions and restrictions. You may also see the document called a declaration, a declaration of covenants or a master deed, depending on the state and the type of community, so check the title page of your governing documents.
What is the difference between CC&Rs and HOA bylaws?
CC&Rs govern the property: what owners can and cannot do with their homes and what they owe the association. Bylaws govern the organization: how the board is elected, how meetings run and how decisions are made. When the two conflict, recorded CC&Rs generally take priority over bylaws and board rules.
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